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The
nightmare went on for more than a decade, but Anthony Robinson '83
finally succeeded in clearing his name. Now he's focused on reclaiming
his interrupted dreams.
In some ways Anthony Robinson '83 is a typical law-school student.
He studies deep into the night. He works to master the intricacies of
contracts and torts. He sweats his grades with an eye on the job market.
It's tough but rewarding, his long-held ambition flowering at last. This
is the sort of life he envisioned when he graduated from Pomona College
with a degree in sociology.
But Robinson has a background, and a passion, setting him apart from many
aspiring attorneys. He knows first hand, for example, that the criminal
justice system can be brutally unfair. Just because something is legal,
he likes to say, doesn't mean it is just.
Such knowledge wasn't easily won. Robinson didn't gain it through books,
movies or simple observation. He got it by spending nearly a decade in
a Texas prison for a rape he did not commit.
His
journey from classroom to prison cell to classroom took its critical turn
in Houston, in 1986, when a young white woman told police she had been
raped by a black man in a plaid shirt.
Robinson was wearing a plaid shirt. He was black, and he was in the neighborhood.
That was pretty much all it took to keep him behind bars for the next
nine years and 10 months.
Never mind that he had spent his life to that point playing by the rules;
he had gone to college, served in the Army, then found himself a steady
job. That counted for nothing when Robinson found himself in the grip
of the system.
"You go through your whole life and you think, 'I've done what I'm supposed
to do,'" he said. "But all of a sudden you fit the description."
The trial was quick, the sentence long: 27 years. "When I heard that,"
Robinson said, "I'm thinking, 'I'm dead.' It just ripped my soul out of
my body. 'I'm dead.'"
Robinson had grown up in and around Los Angeles, raised by a single mother.
"My family was broke almost perpetually," he said. He avoided the temptations
and the street-corner hustlers, and graduated from James Monroe High School
in Sepulveda.
In 1978 he enrolled at Pomona College. "Pomona was my first real break
in life," he said.
He lived in Harwood Hall and played wide receiver on the football team,
which was not in those years a gridiron power. "You learned how to be
the underdog. You never gave up," he said. "When you played Sagehen ball,
the only thing you had to remember was, it'll be over in a little bit."
Robinson recalls several professors fondly. One was Robert Herman '51.
"He motivated me in ways it's hard to explain," Robinson said. "He taught
me there's a whole wealth of things going on that most people don't know
about."
Another inspiration was George Hesslink, who taught sociology at Pomona
from 1968 to 1981 and who came to the rescue when Robinson was thinking
of dropping out.
"He's the one who offered me a research assistant's job when I was on
the edge," Robinson said. "Dr. Hesslink said, 'You've got to look outside
of yourself sometimes just to figure out how you fit in.'"
Many students pick up such lessons in perseverance and perspective during
their college years.
For Robinson, they would soon become vital to his survival.
After graduation, Robinson enlisted in the Army. By 1986 he was out, living
in Houston, and thinking of law school. In the meantime he was working
as the manager for an auto parts store.
One
chilly January morning he agreed to do a favor for a friend, and everything
changed.
Robinson took a bus to the campus of the University of Houston. There,
he planned to pick up the keys to his friend's car and take it for a brake
job.
He retrieved her keys from a laboratory desk--the friend was not there--and
went downstairs to the parking lot. Robinson had been on campus for perhaps
ten minutes.
Just as he was starting the car, a campus police cruiser pulled in behind
him, blocking his exit. The officer ordered him from the car and began
to question him.
"I'm thinking, OK, it's just a routine bust," Robinson said. "They're
gonna hassle you, scare you a little bit, tell you to get the hell off
campus."
What Robinson did not know was that a 22-year-old woman had reported being
sexually assaulted 15 minutes earlier in the bathroom of a nearby university
auditorium. She described her assailant as a black man in jeans, green
jacket and a plaid shirt. Robinson fit the description.
As the officer questioned Robinson, another police car pulled up. The
rape victim was in the back seat. She looked out the window and identified
Robinson as her attacker. "That's when the cop says, 'Stuff him,'" Robinson
said.
Robinson was anxious but hopeful as he went to trial. "It was clear to
me they would be able to figure out a mistake had been made."
Many of the circumstances seemed to favor him. He had no criminal record,
and fingerprints taken from the crime scene did not match his. None of
the victim's hairs were found in his clothing, and none of his hair was
discovered on her.
The victim told police the rapist smelled like cigarettes. Robinson did
not smoke. The victim also said her attacker told her he was newly released
from prison and had indicated he had no money. Mr. Robinson had $169 in
cash on him when he was arrested.
What is often a crucial piece of prosecution evidence in rape cases--the
matching of the attacker's semen to his blood type--was useless this time.
Crime lab tests showed that Robinson and the victim were of identical
blood types. Technicians therefore could not tell whether the cell samples
from a vaginal swab came from him or her.
So for Robinson, the chances of acquittal looked fairly good. Then the
victim took the stand. "She was just a dream witness," said the Harris
County prosecutor, Doug Davis. "She was very pretty and well-spoken."
She once again identified Robinson as the rapist.
With no physical evidence, the victim's testimony became the sole link
between Robinson and the crime. For the jury--nine whites, two Latinos
and one black--it was enough. Randy Schaffer of Houston, Robinson's current
lawyer, said race sealed the outcome. "You make it a white complainant
and a black defendant in a rape case," he said, "and a Texas jury will
convict 99 percent of the time."
Prosecutor Davis dismissed the racial angle and said the victim was key.
"She never wavered in her identification." Davis added, with the benefit
of 16 years of hindsight, "She just made an honest mistake."
Robinson was shattered and outraged by the verdict, and naïve about
what awaited him. His first couple of weeks in prison, he told everyone
he met that he was not guilty. Then he got some advice. "My supervisor
said, 'You'd better stop doing that, or you're going to get killed. Because
if you're innocent, that means you're not tough.'"
To reveal weakness could be fatal, he realized. So he shut up, put on
a hard exterior, fought when he had to fight, and busied himself seeking
a rehearing of his case. He spent hour after hour in the prison law library,
and filed hundreds of pages of appeals with various courts.
One after another his applications were rejected by judges. Robinson grew
ever more despairing and desperate. He even contemplated an escape.
"I thought, If they're not going to play by the rules, then all bets are
off," he said.
But as he had done all his life, Robinson followed regulations, one day
after another, until nearly ten years passed. He was paroled in November
1996, and he walked out of prison wearing donated plaid pants and a fluorescent
green shirt. He found himself looking at the world through a lens of suspicion.
"I got on the bus and this girl smiled and said, 'How you doing?' I freaked
out and got off the bus. I'm thinking, 'Why's she speaking to me? I don't
know her. Maybe she's going to set me up.'"
Robinson returned to Houston and the life of a parolee. That meant a series
of minimum-wage jobs and mandatory counseling sessions. He attended the
sessions once a week, joining a dozen or so pedophiles and rapists, sitting
in a circle. One by one, they were required to stand and say, "I am a
sex offender."
Those words, Robinson found, were almost impossible for him to say. "I
said, 'It doesn't do me any good to lie about committing a crime.' The
therapist told me, 'You are in denial.'"
Robinson's choice was to lie or face parole revocation. So he stood and
declared himself to be a sex offender. "In the back of your mind you're
saying, 'If I don't do this, I'm going back to prison for 17 years.' You
start to look at truth in a different way."
He kept going because he had a singular goal in mind: to clear his name.
Robinson needed to save enough money--several thousand dollars--for a
DNA test of the evidence in his rape case.
Such sophisticated testing was not in general use when Robinson was convicted.
But since the late 1980s, dozens of convictions have been overturned through
DNA analysis of physical evidence like hair, blood, skin, semen and saliva.
It took Robinson three years to scrape together the money. He hired a
lawyer who specialized in DNA-based appeals. After the proper court papers
were filed, samples from the original blood and semen evidence were sent
to a private lab in Maryland that specializes in DNA analysis.
The results came back within a few weeks. Almost 13 years after his conviction,
Robinson finally got official proof of his innocence. He threw no parties
and made no celebrations. "It was just another step for me," he said.
"I'm not so wild about things anymore."
Instead,
he continued resolutely on. The next step was to seek a pardon. In late
2000, Gov. George W. Bush issued state proclamation number 2000-00007.
It stated that Robinson was granted "a full pardon based on innocence
and restoration of full civil rights of citizenship that may have heretofore
been lost."
It was the state's way of saying that a terrible error had been made,
that his life is his own again. Except it's not, which even the judge
who presided over his trial admits.
"I wish it hadn't happened," said former State District Judge Mary Bacon.
"Because after a prison term, no one is ever the same again."
Robinson is 41 now. His hairline is receding and his waistline expanding,
but he has done little middle-age settling in. In ways large and small,
he forms his days in the shadow of his prison years. "Fear, shame and
dread," he said. "I had 10 years in prison to perfect it. You don't just
wake up one day and turn it off."
Although he married in 1998, for more than three years he would not live
with his wife, for fear that she would be harmed by a rape-avenging vigilante.
Sometimes he would awaken at night and check his door, just to be certain
he wasn't locked in. "To make sure," he said, "that I'm not just dreaming
about being free."
Robinson developed "an obsessive concern about being able to account for
my time." He must be ready, he explained, in case the police try to pin
another phony charge on him. "If it happened one time," he said, "what's
to say it won't happen a second time?" He lived, in part, like someone
on the run. "I don't give my phone number to anybody," he said. "I don't
give my address to anybody. They could just come by and grab me."
Today, the anxiety and dread have begun to diminish. Still, everywhere
Robinson goes--store, restaurant, restroom, school--he takes a copy of
his pardon with him, just in case he's stopped by police.
Robinson remains bitterly critical of authorities, believing that police
never seriously investigated his case. For example, fingerprints taken
from the crime scene were not compared to those of sex offenders fresh
out of prison.
Prosecutor Davis, now an assistant U.S. attorney in Houston, believes
the case was properly brought, given the limits of the time. "Unfortunately,
I put an innocent guy in prison," he said. "All I can do is apologize
to him."
Robinson has never heard from the victim whose testimony convicted him.
She is married now and living near Houston. "I really feel sorry for her,
because she's been betrayed twice," he said. "The guy who raped her violated
her, and she was lied to by the state."
Despite his lingering anger and bitterness, life is by no means all bleak
for Robinson now. He is in line for a settlement from the state that could
be as much as $25,000 for each year he was in prison. He's also spending
at least a few nights a week with his wife.
And
his enrollment in law school last fall has him feeling that he finally
has, after 16 years of pain, despair and humiliation, put himself back
on track.
Just getting to school, however, is an effort. The Thurgood Marshall School
of Law at Texas Southern University is about half a mile from the scene
of Robinson's arrest. "Even driving by there gives me the willies," he
said.
He took four courses in the fall semester: contracts, torts, lawyering
process and civil procedure. He also works full time in the warehouse
of an oil pipeline supplier. A typical day for him begins at the warehouse
at 7 a.m., and ends with studying at home, well past midnight. "I don't
get much sleep," he said. "I feel like an octopus learning to juggle."
Robinson said the training he received during his undergraduate years
is proving invaluable. "The research ability Pomona honed into me, and
the analytical skills, are paying off even now."
He also believes his horrible experience at the hands of the law had a
paradoxically beneficial effect. Because of it, he said, he will be a
better lawyer.
When he graduates in 2004, Robinson hopes to practice corporate or international
law. Then, "once my family's taken care of," he plans to switch to public
interest legal work and help "the many people like me" caught in the criminal
justice machinery.
Through it all, Robinson has maintained faith in the law and the legal
system.
"I do believe the law works, but it's the people who make the system worthy
of being respected," he said. "Even though the law didn't hear my initial
plea, once I was spit back into the world, the door was left open."
And after 10 years in a place where such things didn't exist, Robinson
is a man who knows the value of an open door.
--Doug J. Swanson is a reporter
for the Dallas Morning News.
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